South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Catherine L. Tarte, d/b/a Petro Plus vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Catherine L. Tarte, d/b/a Petro Plus

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
97-ALJ-17-0497-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann. §§61-1-55, et seq. (Supp. 1995) and S. C. Code Ann. §§1-23-310 et seq. (1986 and Supp. 1995) for a contested case hearing. The Petitioner, Catherine L. Tarte, seeks an off-premise beer and wine permit for Petro Plus. The Respondent made a Motion to be Excused which was granted by my Order dated September 16, 1997. A hearing was held on December 3, 1997, in the Administrative Law Judge Division. No parties or protestants appeared at the hearing.

The Petitioner was notified of the hearing via certified mail by my Order dated September 17, 1996. After receiving proper notice of the hearing the Petitioner failed to appear. Prior to the hearing into this matter an individual, who identified herself as the Petitioner, called my office and stated she no longer was seeking a beer and wine permit for the above location. She was instructed that if she wished this case to be dismissed, the request must be made in writing. However, as of the time of this Order, the Petitioner has not submitted a request in writing that her case be dismissed.

Administrative Law Judge Division Rule 23 provides that a default occurs when a party fails to appear at a hearing without the proper consent of the judge. The Administrative Law Judge may dismiss a case against a defaulting party. The Petitioner did not obtain consent not to appear at the above scheduled hearing.

IT IS THEREFORE ORDERED that this case is dismissed with prejudice.

AND IT IS SO ORDERED.



_____________________________

Ralph King Anderson, III

Administrative Law Judge

December 3, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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